Marijuana Possession, N.J.S.A. 2c:35-10

Michael Smolensky

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Fair Lawn Police charged a man with marijuana possession, and other crimes, per patch dot com. First, the cops found alleged marijuana in a car near a school. Later, they seized a bag with more than six ounces of suspected weed in the man’s home, per the news.

Marijuana Possession, N.J.S.A. 2C:35-10

New Jersey law bars possession of a controlled dangerous substance (CDS). The law makes it a crime for a person knowingly or purposely to obtain, or to possesses, actually or constructively, a controlled dangerous substance or controlled dangerous substance analog.

Nevertheless, the law does not bar substances obtained directly, or based on a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise may be authorized.

Penalties

The degree of crime and penalties under N.J.S.A. 2C:35-10 depend on the type of CDS and how much CDS.

A person charged with possession of more than 50 grams of marijuana faces a fourth degree crime punishable by:

  • State Prison: Up to 18 months
  • Probation: One to five years, conditioned on 364 days county jail
  • Drug Court
  • Fines: Up to $25,000.00
  • Drug Enforcement Demand Reduction (DEDR): $750.00
  • Law Enforcement Officer Training & Equipment Fund: $30

Possession of less than 50 grams of marijuana is a disorderly person offense, punishable by:

  • County Jail: Up to 6 months
  • Probation: One to five years, conditioned on 90 days county jail
  • Fines: $1,000.00
  • DEDR: $500.00

Additional Conditions and Penalties

  • Victims of Crime Compensation Assessment (VCCA): $50
  • Safe Neighborhood Services Fund Assessment: $75
  • Drug Abuse Education Fund: $50
  • Lab Fee: $50
  • Court Costs
  • Driver’s License Suspension: Up to two years
  • Supervised release in community
  • Halfway house release or other residential facility in community
  • Community Service*

* Any person who commits this offense while on property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of ay such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

What is Marijuana?

New Jersey law defines “Marijuana” as

  • all parts of the plant Genus Cannabis L., whether growing or not;
  • the seeds thereof, and every
    • compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds,
    • except those containing resin extracted from the plant;
  • but shall not include
    • mature plant stalks, fiber produced from the stalks, oil, or cake made from the seeds of the plant,
    • any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake,
    • or the sterilized seed of the plant which is incapable of germination.

N.J.S.A. 2c:35-2.

New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding Possession of Controlled Dangerous Substances. Call Now—(856) 812-0321.